Enacts the medical civil rights act, in relation to the provision of emergency medical services to persons in contact with or in the custody or under the control of a police officer.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3926
SPONSOR: Forrest TITLE OF BILL:
An act to amend the civil rights law, in relation to enacting the
medical civil rights act
PURPOSE OR GENERAL IDEA OF BILL:
The Medical Civil Rights Act seeks to amend the Civil Rights Law to
ensure that individuals in the custody or control of law enforcement
officers receive: immediate and adequate emergency medical services when
necessary, thereby protecting the health and well-being of individuals
under such circumstances.
SUMMARY OF SPECIFIC PROVISIONS::
Section 1: Establishes the short title of the act as the "Medical Civil
Rights Act."
Section 2: Amends Section 28 of the Civil Rights Law to expand the obli-
gations of law enforcement officers, peace officers, or other law
enforcement representatives.
Section 3: Provides definitions for "emergency medical condition" and
"medically unstable," clarifying the circumstances under which law
enforcement must act.
Section 4: Specifies that failure to provide necessary medical attention
resulting in serious physical injury or significant exacerbation of an
existing condition allows the affected individual to pursue legal action
and mandates the award of reasonable attorneys' fees to a successful
plaintiff.
JUSTIFICATION::
This legislation addresses a critical gap in the current Civil Rights
Law by mandating that law enforcement officers and other relevant enti-
ties provide immediate emergency medical care to individuals in their
custody or control. The current law requires medical attention, but this
bill clarifies and strengthens these provisions by specifying the condi-
tions under which emergency services must be obtained and by defining
key terms such as "emergency medical condition" and "medically unsta-
ble."
Instances of individuals suffering severe health consequences or even
death while in custody due to delayed or inadequate medical care have
prompted the need for this legislative action. The bill will ensure that
those experiencing medical emergencies receive timely and appropriate
care, thereby preventing unnecessary harm and safeguarding their civil
rights.
Moreover, by establishing a clear legal pathway for individuals to seek
redress and mandating the award of attorneys' fees, the bill enhances
accountability and ensures that victims of negligence are justly compen-
sated. This act will reinforce the principle that all individuals,
regardless of their custodial status, are entitled to adequate medical
care.
PRIOR LEGISLATIVE HISTORY::
This is a new bill.
FISCAL IMPLICATIONS::
Minimal fiscal impact anticipated. Any potential costs are outweighed by
the savings from preventing litigation arising from inadequate medical
care and the human costs of delayed emergency medical services.
EFFECTIVE DATE::
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
3926
2025-2026 Regular Sessions
IN ASSEMBLY
January 30, 2025
___________
Introduced by M. of A. FORREST -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the civil rights law, in relation to enacting the
medical civil rights act
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "medical civil rights act".
3 § 2. Section 28 of the civil rights law, as added by chapter 103 of
4 the laws of 2020, is amended to read as follows:
5 § 28. Medical attention for persons under arrest. 1. When a person is
6 [under arrest or otherwise] in contact with or in the custody or under
7 the control of a police officer, peace officer or other law enforcement
8 representative or entity, such officer, representative or entity shall
9 have a duty to provide attention to the medical and mental health needs
10 of such person, and immediately obtain [assistance and treatment of such
11 needs] emergency medical services for such person[, which are reasonable
12 and provided in good faith under the circumstances] when such person has
13 communicated that such person is experiencing an emergency medical
14 condition or is medically unstable; or who reasonably appears to a law
15 enforcement officer to be experiencing an emergency medical condition or
16 is deteriorating such that such person is medically unstable. Any person
17 who has not received such [reasonable and good faith attention, assist-
18 ance or] emergency medical treatment and who, as a result, suffers seri-
19 ous physical injury or significant exacerbation of an injury or condi-
20 tion shall have a cause of action against such officer, representative,
21 and/or entity. In any such civil action, the court, in addition to
22 awarding actual damages and costs, [may] shall award reasonable attor-
23 neys' fees to a successful plaintiff. The provisions of this section
24 are in addition to, but shall not supersede, any other rights or reme-
25 dies available in law or equity.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07319-01-5
A. 3926 2
1 2. For the purposes of this section, the following terms shall have
2 the following meanings:
3 (a) "Emergency medical condition" shall mean a medical condition,
4 whether physical, behavioral, or related to a substance use or mental
5 health disorder, that is manifesting itself by symptoms of sufficient
6 severity, including but not limited to severe pain, so that the absence
7 of prompt medical attention could reasonably be expected by a prudent
8 layperson who possesses an average knowledge of health and medicine to
9 result in placing the health of the person experiencing the medical
10 condition or another person in serious jeopardy, serious impairment to
11 bodily function, or serious dysfunction of any organ or body part.
12 (b) "Medically unstable" shall mean any condition, whether physical,
13 behavioral, or related to substance use or mental health disorders, that
14 manifests in an unstable medical or mental health status, which could
15 reasonably be understood by a layperson to lead to an emergency medical
16 condition.
17 § 3. This act shall take effect immediately.
